The state Supreme Court on Monday remanded a $3.8 million legal fee award in a contract case so that a trial court can consider the large gap between the fees and the $2.3 million recovery.
The Court was unanimous on the outcome but split 5-2 on whether calculation of legal fee awards in contract cases should be governed by the concepts that apply in the tort or statutory fee-shifting context. The majority, in a per curiam opinion, said they should, while Justices Roberto Rivera-Soto and Helen Hoens disagreed.
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